Broadening the Lens: Peter Leitner’s Revelations on ’60 Minutes,’ Capitol Hill Indict Clinton Technology Insecurity

(Washington, D.C.): Peter Leitner is one of the most courageous men in Washington today.
In
an interview to be broadcast tomorrow night on CBS “60 Minutes,” Dr.
Leitner will once again
put his job as a Senior Strategic Trade Analyst in the Pentagon’s Defense Technology Security
Administration (DTSA) on the line by telling the truth about the Clinton Administration’s reckless
disregard for national security when it comes to exporting dual-use technologies to China and
other potential adversaries. His appearance on television’s most widely watched program
promises to put into focus for the American people a critical fact: The Clinton
Administration’s conduct with respect to assisting the Chinese military’s rocket program


which is now the subject of myriad congressional investigations — is not an isolated
incident,
but part of a pattern that threatens incalculable harm to the United States and its vital
interests.

Tick-Tick-Tick-Tick

According to a partial transcript made available by the Drudge Report, the subject of the “60
Minutes” segment entitled “The China Connection” will be a sale of advanced dual-use
machine tools to the PRC that was approved by the Clinton Administration in 1994 — over
Dr. Leitner’s objections.
Technology transfer expert and University of Wisconsin
professor
Gary Milhollin, sets the stage for how China induced the owners of a plant-full of sensitive
manufacturing equipment to sell it to the PRC: “It was blackmail….The Chinese were
telling
McDonnell Douglas, ‘Look, if you want to make a big airline package deal…we want some
sensitive machine tools that you would not otherwise sell us… And we want the [Clinton]
Administration to close its eyes.”

“60 Minutes” goes on to report that machinery from a shuttered McDonnell Douglas weapons
factory in Columbus, Ohio eventually made their way into a Chinese missile plant — fulfilling Dr.
Leitner’s warnings at the time the export license was up for review. Drudge says “[Leitner] tells
Sunday’s broadcast that superiors directly told him to change his recommendation: ‘I
was told
the decision was made at high levels within the government. The decision was made to
approve this case. And that was that.’

Dr. Leitner’s comments appear to jive with those of another official interviewed for the story,
the
Commerce Department’s Marc Reardon. Drudge reports that “60 Minutes” reveals that:

    “Reardon was told to investigate how sensitive technology from the U.S. licensed for
    civilian-use only, wound up at a Chinese missile factory — but not to try too hard.
    ‘Somebody really didn’t want the truth to come out’ the Commerce Department
    employee tells CBS cameras…. Commerce…had granted the license for exporting the
    machinery — highly sophisticated metal cutting and shaping tools used to make military
    aircraft and missiles — on condition that it be used for civilian purposes only. Six
    months after some of the tools were found at a Chinese missile plant, Reardon was told
    to investigate. He tells [interviewer Steve] Kroft that he was told whom to interview
    and what questions he could and couldn’t ask!

    “McDonnell Douglas, now under federal investigation in the matter, notified the
    U.S. Government, which convinced the Chinese to put the machinery in storage,
    but did not request its return, reports Kroft.”

Other Travesties

Dr. Leitner’s interview comes on the heel of his appearance in April before the Joint
Economic
Committee, chaired by Rep. Jim Saxton (R-NJ) href=”#N_1_”>(1) — who is to be credited for his concern with
Clinton misfeasance, if not malfeasance, with regard to technology security policy
long before the
present Loral-Hughes satellite controversy made it fashionable. The Leitner testimony put a
spotlight on several other areas where national security interests appear to be at risk of getting
short shrift by the Administration’s trade uber alles philosophy:

  • Supercomputers: “As we meet today, the Administration appears poised
    to announce yet
    another round of unilateral supercomputer decontrols. This time it is feared by many that
    administration excesses will extend well above the current, unjustifiable 7,000 MTOP
    level(2)….Providing access to even greater
    processing power will impart to potential
    adversaries and proliferators the ability to pursue design, modeling, prototyping and
    development work across the entire spectrum of weapons of mass destruction….

    “There is growing speculation that the Clinton administration’s furious
    push to
    decontrol supercomputers, widely seen as a payoff for generous campaign support and
    contributions, was also intended to underwrite Comprehensive Test Ban Treaty
    (CTBT) signatures,
    by providing an avenue for weapons testing, stockpile
    stewardship, and ongoing weapons development without the need for the physical
    initiation of a nuclear chain reaction…

    The following types of verification technologies, among others, would be
    rendered ineffective or irrelevant by the migration of nuclear weapons testing to
    supercomputer-based simulation and modeling:
    Space-Based Optics and
    Sensors…Radar…Listening Posts…Radionuclide Monitoring Network…[and]
    Seismic Detectors
    ….One of the lessons learned from the destruction of Saddam
    Hussein’s nuclear weapons program was that a proliferant may be quite willing to settle
    for hydrodynamic testing of its prototype nuclear weapons as an uneasy certification
    for including them into its arsenal…

    “U.S. actions to promote the availability of high-performance supercomputers will
    likely contribute to the proliferation problem by facilitating access
    to modeling and
    simulation, which will give clandestine bomb makers greater confidence in the
    functionality of their designs.(3) This increased level of
    confidence may be all that a
    belligerent may require to make the decision to deploy a weapon. Sophisticated
    modeling and simulation will enable clandestine programs to advance closer to
    the design and development of true thermonuclear weapons
    ….”

    “If, as a price for Russia’s signature, the Clinton administration was willing to
    provide the means of circumventing both its spirit and explicit goals, then the treaty
    should be regarded as little more than a sham to be rejected by the U.S. Senate…” href=”#N_4_”>(4)

    • Telecommunications Technologies: “The blind pursuit of market share
      and the disregard of
      our national security were again demonstrated by the February 1998 U.S. proposal to the
      Wassenaar export control forum for the accelerated de-listing of virtually all
      telecommunications technology and equipment
      . If this proposal goes through it
      will result
      in free and open access by even the rogue states to state-of-the-art optical fibers,
      transmission equipment, switches, repeaters, high- speed computer network systems,
      advanced encryption, etc., which forms the backbone of military battle management, air
      defense, command and control, missile launch, and joint R&D development
      efforts
      ….
    “To maintain these items on the export control lists requires unanimity from the
    member states. Unfortunately, as the organization’s membership has expanded to
    include countries that were historically the target of export controls — some of
    which still should be
    — the likelihood of these controls surviving beyond this fall is
    very remote….

    • Advanced Transport Aircraft: “To compound these problems…is the
      pending
      Administration decision to perpetrate another technological fiction known as the MD-17.
      Basically the MD-17 is the brand-new C-17 [the Defense Department’s premier
      airlifter]…incorporating some other minor cosmetic changes so that it may soon be termed a
      ‘civil’ aircraft by the Administration….The game is to free this aircraft from the control of the
      International Traffic in Arms Regulations (ITAR) administered by the State Department and
      place it under the jurisdiction of the extraordinarily weak Commodity Control List (CCL) run
      by the Commerce Department.
    “If the MD-17 is termed a civil airliner it will no longer be subject to sanctions
    such as those imposed upon the PRC after the Tiananmen Square massacres. It will be
    free to be sold to China so long as a Department of Commerce export license is
    obtained. Unfortunately, as the Commerce Department controls are extraordinarily
    non-specific when it comes to ‘non-military’ transport craft, you can expect to see the
    People’s Liberation Army’s Air Force flying MD-17’s in future military
    adventures.
    The MD-17 will provide the PRC with the long-range military logistics
    support it currently lacks.”

    Required Reading

    Speaking of ITAR and CCL, congressional investigators, journalists covering the unfolding
    U.S.-PRC technology scandals and other Americans concerned about the national security would
    be
    well advised to examine a General Accounting Office audit NSIAD-97-24, entitled “Export
    Controls: Change in Export Licensing Jurisdiction for Two Sensitive Dual-Use Items.” This audit
    was conducted for the House National Security Committee in January 1997 to review the Clinton
    Administration’s decision to transfer responsibility for export decisions affecting both satellites
    and jet engine “hot sections” — the most technologically challenging and strategically
    important
    portion where the actual combustion of fuel occurs. Highlights of this GAO report include
    the
    following (emphasis added throughout):

    • The items transferred to Commerce’s control — commercial jet engine hot section
      technology and commercial communications satellites — are militarily sensitive items.
      Hot section technology gives U.S. fighter aircraft the ability to outlast and outperform
      other
      aircraft, a key element in achieving air superiority. Because of the military significance of this
      technology, State does not allow the export of the most advanced hot section technology
      for either military or commercial use….

    “Because of the military importance of hot section technology and the similarity
    between commercial and military technology, Defense officials are concerned about the
    diffusion of technology and availability of hot section components that could negatively
    affect the combat advantage of U.S. aircraft and pose a threat to U.S. national security
    concerns
    .

    “To protect national security interests, Defense officials review applications
    referred by State to determine whether the export would undermine the U.S. lead in
    hot section technology and, consequently, U.S. air superiority. Defense and State
    have not approved the export of the most advanced hot section technology for
    either military or commercial use
    , although certain exports have been allowed under
    government-to-government agreements with U.S. allies that restrict transfer beyond the
    government.”

    • “Commercial communications satellites being transferred to Commerce’s
      jurisdiction
      contain militarily sensitive characteristics
      , such as cross-link capabilities that transmit
      data
      from one satellite to another without going through a ground station and thus permit very
      secure communications. Defense and State officials expressed concern about the
      potential
      for improvements in missile capabilities through disclosure of technical data related to
      integrating the satellite with the launch vehicle and the operational capability that
      specific satellite characteristics could give a potential adversary.
      State has approved the
      export of commercial communications satellites for foreign launch with conditions for
      safeguarding sensitive technologies
      for certain destinations, such as China.”
    • “The Arms Export Control Act [the statutory basis for ITAR] gives State the authority to
      use
      export controls primarily to protect U.S. national security without regard to economic or
      commercial interests. Under the Export Administration Act [the statutory basis for the CCL],
      on the other hand, Commerce weighs economic and trade interests along with national security
      and foreign policy concerns. These differences in the underlying basis for decisions
      create
      uncertainty as to whether the changed procedures for making licensing decisions will
      result in changes in licensing policy.

    An Early Warning of Clinton’s Insensitivity to Technology
    Security

    There has, in fact, been less “uncertainty” than the GAO suggests. From its
    earliest days
    , the
    Clinton Administration has demonstrated a wholesale disregard for national security
    concerns to the extent they interfered with economic interests such as trade.

    One of the first, symbolic indications of this proclivity was made clear in the wake of the
    publication on 9 November 1992 of a Center for Security Policy Transition Brief entitled
    Putting
    the Security into the New Economic Security Council
    ( href=”../1992/92-T140.html”>No. 92-T 140). This paper noted:

    “The Clinton transition team has served notice that one of its first priorities will be
    the establishment of a new ‘Economic Security Council’ (ESC) within the White
    House, reporting directly to the President. While the ESC will presumably be designed
    to elevate the stature of both domestic and international economic issues — an activity
    that the Center for Security Policy deems fully warranted — the structure and
    decision-making process of the new Council will ultimately determine whether this
    mechanism actually serves to advance U.S. long-term national interests, as opposed to
    those of narrow parochial constituencies.

    “In formulating his Economic Security Council, President-elect Clinton
    must
    begin by properly defining ‘economic security.’ On the international front, that
    definition must embody the appropriate balance between trade
    competitiveness/promotion and fundamental national security, human rights and
    foreign policy priorities of the United States
    ….”

    The Center’s paper went on to urge that the new Clinton-Gore Administration adopt the most
    successful bureaucratic model for assuring such an integration of national security and economic
    policies — the Reagan Administration’s cabinet-level Senior Interdepartmental
    Group-International Economic Policy
    (SIG-IEP) created pursuant to NSDD 48 href=”#N_5_”>(5):

“Many of the components of the proven SIG-IEP institutional arrangements should be
incorporated into the Economic Security Council. This would include the active
participation of the National Security Advisor — in tandem with his ESC counterpart
— in the preparation of agendas, coordination of presidential decision memoranda and
the resulting directives.
This approach would ensure that an effective counterweight is
in
place to agencies enjoying undue influence….In the process, the ‘big picture’ synthesis
required for balanced, successful and visionary presidential policy-making is also assured.”

    A Preordained Disaster

    Unfortunately, the Clinton Administration never adopted this advice. In fact, shortly after the
    Center’s analysis was published, the Clinton-Gore team even dropped “Security” from the title of
    its new organization, which became known, instead, as National Economic Council (NEC).
    Matters were made worse by the seconding or hiring of individuals to staff it who were
    ideologically aligned with the trade-first priorities of the Commerce Department and its Secretary,
    Ron Brown (whose career in Democratic party politics made combining business with partisan
    advantage second-nature).

    During the Clinton-Gore years, the deck has been thoroughly stacked against those
    interested in safeguarding national security interests during the formulation of economic
    policy.
    In contrast with the SIG-IEP, the Defense Department and the Intelligence
    Community
    were not made charter members of the NEC and the role of the NSC was
    downgraded. Principal
    responsibility for sensitive export control decisions was increasingly consolidated in the
    Commerce Department. While — as National Security Advisor Samuel Berger and the current
    Secretary of Commerce, William Daley, have stressed in recent op.eds. published as part of the
    Administration’s strategy for belatedly limiting the damage flowing from the China satellite
    controversy — the Pentagon is still permitted to “review” DoC decisions, as a practical
    matter it has lost any real ability to influence many sensitive decontrol and licensing
    decisions.
    (6)

    ‘People Is Policy’

    This deplorable outcome has been rendered even more certain by the nature of
    personnel choices
    made in staffing the Clinton Pentagon. As the Center noted on 26 May 1998:

      “The senior Defense Department leadership has all too often been part of the problem
      when it comes to dual-use technology transfers to China. For example, former
      Secretary of Defense William Perry
      created and co-chaired a so-called “Joint
      Defense Conversion Commission” with his Chinese counterpart. This entity served as
      a mechanism for facilitating the sale of many American strategic technologies to the
      People’s Liberation Army. And Mitch Wallerstein, the former Deputy
      Assistant
      Secretary of Defense responsible for evaluating such transfers, spent much of his
      professional life prior to his arrival at the Pentagon arguing for the evisceration of
      national security-minded export control regimes.

      “Given such policy predilections in the Defense Department’s hierarchy, is it any
      wonder that such technologies as a factory full of machine tools used to
      manufacture F-15s and B-1 bombers, advanced U.S. jet engines suitable for
      powering Chinese long-range cruise missiles and supercomputers valuable to the
      PRC’s nuclear weapons program have been approved for sale to China with the
      Pentagon’s blessing
      ? Should we take any comfort from the claim that the
      Defense Department approved the presidential waiver necessary to launch a Loral
      satellite aboard Beijing’s Long March rocket — notwithstanding that agency’s
      [i.e., DTSA’s] reported conclusion that the company had harmed national security
      by helping China’s ballistic missile program?”

    Sowing Salt in the Ground at DTSA

    Leaving nothing to chance, the Pentagon recently decided to render Peter Leitner’s
    organization,
    the Defense Technology Security Administration, even less able to oppose dangerous dual-use
    exports. Pursuant to a reorganization of the Office of the Secretary of Defense unveiled late last
    year, DTSA is to be physically relocated to the vicinity of Dulles airport — too far removed from
    downtown Washington to be much of a player in inter-agency meetings and related
    decision-making. Congressional investigators are on notice: If this move is allowed to
    occur, it is a
    safe bet that information in DTSA files that would shed unflattering light on
    Administration technology transfer decisions might be unavailable, at least for some period
    of time.

    If the physical relocation to Dulles were not bad enough, DTSA is also slated to be
    moved to
    the bureaucratic equivalent of Siberia.
    Under the reorganization plan, it would report to
    low-level officials in the Pentagon’s Acquisition organization — an institution that, like the
    Department
    of Commerce, is inclined to put perceived parochial equities (in Acquisition’s case, supporting the
    DoD industrial base and achieving greater economies of scale for its purchases from “dual-use”
    manufacturers) ahead of the national interests. Should this happen, the front office at
    the DoD
    may not even learn that there are legitimate concerns about whatever strategic technology might
    be left to decontrol.

    The Bottom Line

    Peter Leitner, Rep. Saxton and “60 Minutes” are to be commended for their efforts to put the
    true
    scope and gravity of the Clinton “China Connection” — and the reckless technology transfers that
    are at its core — into proper perspective. As congressional, media and public scrutiny is applied
    to the broadening scandal arising from the Clinton-Gore policy of technology
    insecurity, however,
    attention must be paid not only to the ominous results of this policy for U.S. national security
    (notably, the additional costs it will likely impose on the Defense Department if its vital
    qualitative edge is to be preserved.)

    Corrective action must also be undertaken to address the bureaucratic, institutional
    and
    personnel factors that have been responsible for formulating and implementing this
    disastrous policy. One place to start would be to halt the dismantling of the Defense
    Technology Security Administration
    and to appoint Peter Leitner its director,
    with a charter
    that allows his watchdog agency’s views to be reported directly to the Secretary of
    Defense.

    – 30 –

    1. Dr. Leitner’s 28 April 1998 testimony actually was his
    second appearance before Rep.
    Saxton’s Joint Committee. The first occasion was on 19 June 1997 as discussed in the Center’s
    Press Release entitled Profile In Courage: Peter Leitner Blows
    The Whistle On Clinton’s
    Dangerous Export Decontrol Policies
    (No. 97-P
    82
    , 19 June 1997). As the Center noted at the
    time:

      Dr. Leitner’s testimony illuminated the particular danger associated with the
      access the People’s Republic of China has achieved to a host of U.S. and Western
      military and dual-use technologies.
      His remarks — and prescriptions for corrective
      action — are especially timely given that Congress is preparing to debate President
      Clinton’s proposal to renew China’s Most Favored Nation status, a status that is
      contributing to Beijing’s systematic efforts to acquire and otherwise compromise
      American strategic technologies.”

      2. MTOPS stands for Million Theoretical Operations Per Second, a
      commonly used measure of
      computational power. For more on why the current 7,000 MTOPS standard is too
      high, see the
      Center’s Decision Brief entitled What’s Good For Silicon
      Graphics Is Not Necessarily Good
      For America: Some Supercomputer Sales Imperil U.S. Security
      ( href=”index.jsp?section=papers&code=97-D_102″>No. 97-D 102, 21 July 1997).

      3. This concern has been borne out in a series of hearings conducted
      by the Senate Governmental
      Affairs International Security, Proliferation, and Federal Services Subcommittee chaired by Sen.
      Thad Cochran (R-MS). The Subcommittee’s majority issued highly critical findings of U.S.
      policies contributing to proliferation in its Proliferation Primer released in January
      1998. See the
      Center’s Decision Brief entitled A Policy Indictment: Sen.
      Cochran’s Subcommittee
      Documents Clinton Incompetence/Malfeasance On Proliferation
      ( href=”index.jsp?section=papers&code=98-D_04″>No. 98-D 04, 12 January
      1998). A copy of the report can be obtained on the Subcommittee’s Web site (4. There are, in fact, a number of reasons for regarding the CTB as a
      sham — or worse. See the
      Center products entitled Clinton, Albright Pursue Delusory Arms Control
      Response To South
      Asian Nuclear Tests; Center’s Gaffney Offers Alternative
      ( href=”index.jsp?section=papers&code=98-D_98″>No. 98-D 98, 4 June 1998) and
      Needed: A ‘Loyal Opposition’ to Clinton’s Anti-Nuclear Policy ( href=”index.jsp?section=papers&code=98-D_96″>No. 98-D 96, 1 June 1998).

      5. The Center recalled that:

      “The SIG-IEP was chaired by the Secretary of the Treasury and included as
      members — at the Cabinet level — most of the relevant economic agencies of
      government (State, Commerce, OMB, USTR, Council of Economic Advisors and the
      White House Office of Policy Development) and the national security community
      (Defense, CIA, and NSC). As issues under consideration warranted, other agencies
      were invited to participate (e.g., Eximbank, USDA, Energy, Transportation, Labor and
      Interior). The Executive Secretary for the SIG-IEP who, in coordination with the
      Secretary of the Treasury determined the agenda, was the senior director for
      international economic affairs of the National Security Council.

      “An important advantage of this structure was that it enabled the NSC (in effect,
      the President’s personal staff) to serve as an “honest broker” in recording the
      competing views of government agencies in options papers presented to the President.
      As a result, the NSC also retained control over the preparation of the presidential
      decision memoranda and resulting implementing directives.”

      6. The GAO noted the cumbersome mechanism put into place by the
      Clinton-Gore team for inter-agency consultations on export control decisions.

    “An agency disagreeing with a decision made by the [low-level] Operating Committee
    can appeal it to the Advisory Committee on Export Policy, which is composed of members
    at the assistant-secretary level from the same agencies represented in the Operating
    Committee and makes its decision based on majority vote. If the dissenting agency
    disagrees
    with this decision, it can be appealed to the Export Administration Review Board, which is
    composed of the secretaries of the same agencies represented in the Operating Committee
    and also makes its decision based on majority vote. If the dissenting agency still
    disagrees
    with the decision, it can then be appealed to the President. In practice, decisions are
    rarely
    escalated
    beyond the Advisory Committee on Export Policy.”
    (Emphasis added.)

Center for Security Policy

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